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Full-Text Articles in Law
More Restrictive Alternatives, Michael Coenen
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Journal Articles
Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …
The Myth Of Copyright's Fair Use Doctrine As A Protector Of Free Speech, Lee Ann Lockridge
The Myth Of Copyright's Fair Use Doctrine As A Protector Of Free Speech, Lee Ann Lockridge
Journal Articles
This article debunks the myth that the fair use doctrine exists to protect the freedom of speech within copyright. Using the history of fair use in the courts and in Congress, as well as recent case law, the Article demonstrates that.fair use is not, and never has been, intended or designed to restrain copyright in the face of the First Amendment. The conflict between copyright and free speech could be lessened by reforming the balance of interests within fair use to eliminate the focus on commercial use and to expand the understanding of the broader public-benefit purpose underlying the Supreme …
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis
Journal Articles
No abstract provided.